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The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.
Guide dogs are assistance dogs trained to lead blind or visually impaired people around obstacles. Although dogs can be trained to navigate various obstacles, they are red–green colour blind and incapable of interpreting street signs. The human does the directing, based on skills acquired through previous mobility training. The handler might be likened to an aircraft's navigator, who must know how to get from one place to another, and the dog is the pilot, who gets them there safely. In several countries guide dogs, along with most other service and hearing dogs, are exempt from regulations against the presence of animals in places such as restaurants and public transportation.
The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001), was a United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the United States Constitution. The Supreme Court decided that Title I of the Americans with Disabilities Act was unconstitutional, insofar as it allowed states to be sued by private citizens for money damages.
Mental health law includes a wide variety of legal topics and pertain to people with a diagnosis or possible diagnosis of a mental health condition, and to those involved in managing or treating such people. Laws that relate to mental health include:
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage.
British Columbia v British Columbia Government Service Employees' Union [1999] 3 SCR 3, 1999 SCC 48 – called Meiorin for short – is a Supreme Court of Canada case that created a unified test to determine if a violation of human rights legislation can be justified as a bona fide occupational requirement (BFOR).
The Workplace Religious Freedom Act (WRFA) is a proposed amendment to title VII of the Civil Rights Act of 1964, which would limit employers' discretion to decline to accommodate the religious practices of their employees or prospective employees in the United States. WRFA would amend that part of title VII which is codified at 42 U.S.C. 2000e(j). In its current form, 42 U.S.C. 2000e(j) forbids discrimination on the basis of religion, including "all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business." The 2013 version of WRFA would delete the phrase "he is unable", and substitute for it: "the employer is unable, after initiating and engaging in an affirmative and bona fide effort."
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
British Columbia v British Columbia , [1999] 3 S.C.R. 868, known as the Grismer Estate case, is a leading Supreme Court of Canada decision on human rights law. The Court held that the British Columbia Superintendent of Motor Vehicles was in violation of the provincial Human Rights Code for cancelling the driver's licence of Terry Grismer because he had a visual disability.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
In employment law, a bona fide occupational qualification (BFOQ) (US) or bona fide occupational requirement (BFOR) (Canada) or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination in violation of civil rights employment law. Such qualifications must be listed in the employment offering.
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, physical, or employment related and are often mandated by law. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as:
... necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
Employment equity, as defined in federal Canadian law by the Employment Equity Act, requires federal jurisdiction employers to engage in proactive employment practices to increase the representation of four designated groups: women, people with disabilities, Indigenous peoples, and visible minorities. The act states that "employment equity means more than treating persons the same way but also requires special measures and the accommodation of differences".
Various definitions exist for a service animal. The Americans with Disabilities Act defines the term as "dogs that are individually trained to do work or perform tasks for people with disabilities". Dogs are the most common service animals, having assisted people since at least 1927.
An emotional support animal (ESA) is an animal that provides relief to individuals with "psychiatric disability through companionship." Emotional support animals may be any type of pet, and are not recognized as service animals under the Americans with Disabilities Act.
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
According to a 2012 survey by Statistics Canada, around 3.8 million adult Canadians reported being "limited in their daily activities due to a disability". This represented 13.7% of the adult population. The three most-prevalent forms of disability in Canada are chronic pain issues, mobility, and flexibility limitations. Around 11% of Canadian adults experience one of these disability types, and 40% of those people have had all three at the same time. Disabled people in Canada have historically experienced many forms of discrimination and abuse, such as segregation, institutionalization, and compulsory sterilization. They were not given the same rights as non-disabled people until the end of the 1970s, when the Coalition of Provincial Organizations of the Handicapped initiated significant changes. Legislation intended to protect disabled Canadians include the Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Employment Equity Act.
References
- ↑ "What is considered an "undue hardship" for a reasonable accommodation? | ADA National Network". adata.org. Retrieved 2019-07-30.
- ↑ "Undue Hardship Definition". www.duhaime.org. Retrieved 2018-03-06.
- ↑ Convention on the Rights of Persons with Disabilities, Article 2
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